Abstract

Article

On the recent High Court decision as to whether persons of aboriginal descent could constitutionally be treated as aliens, th usual array of hard right wing commentators in the usual media outlets raised the usual sour commentary, as they would do when coming from those particulrplaces.

They use the old trick of putting a wrong construction and implications on the judgments,and then attack the judges who found contrary to their wishes on the basis of their own contrived constructions.

The High Court is of the highest quality and deserve more respect. The judges  are highly intelligent, learned, and fair.  Those commentators mostly are of very poor intellectual quality, and the rest are usually selected by those outlets because of their own heavy leanings.

The High Court was closely divided.  This isnot surprising because the issue was very difficult.  It might seem paradoxical but probably true to say that both of the conflicting views were right.The difference lay in the difference in the degree of emphasis paid to ech of the variety of  the factorss which were valid to the consideration. And there was the need to respect the precedent of Mabo, which the hard right set still do not accept.

One thing is certain: the High Court will not be put off its proper course by the nastiness of those who criticize it improperly and unfairly